Corporate Manslaughter Bill 2007
The intention of this bill is to reform the law on corporate manslaughter to ensure that undertakings or persons can be held accountable when deaths of workers are caused by neglect of workplace health and safety whether it is through established bad practice or mismanagement.
The necessity for this is illustrated by the fact that so many workers continue to be killed and injured in the workplace.
An offence under this bill may also give rise to a civil action for a dependant of the deceased. Such an action may be grounded in principles of negligence and breach of statutory duty in particular, Health and Safety legislation. If you believe you have a claim, you are advised to contact your solicitor as soon as possible as a limitation period of two years applies, after which time, you may lose your entitlement to pursue a claim.
The purpose of this Corporate Manslaughter Bill 2007 is to provide for the offence of corporate manslaughter by an undertaking and to provide for the offence of grossly negligent management causing death by a high managerial agent (director/manager) of an undertaking.
The bill is based on the Law Reform Commission Report on Corporate Killing of October 2005. The Law Reform Commission in its report recognised that current legislation was deficient and recommended that a new offence of corporate manslaughter be created.
Corporate Manslaughter:
Section 3 sets out a definition of corporate manslaughter i.e. where an undertaking causes the death of a person by gross negligence. The undertaking must owe a duty of care to the deceased. This may arise in its capacity as employer, occupier of land and producer of goods and services. The undertaking must also breach the standard of care i.e. the breach must involve significant risk of death or serious personal harm. An undertaking is required to take all reasonable measures to anticipate and prevent risks to human life. In looking at this, the court may have regard to the training and supervision of employees. Penalties for corporate manslaughter include the following:
- A fine; and/or
- A Remedial Order whereby an undertaking may be ordered to remedy the circumstances that lead to the occurrence of the corporate manslaughter.; and/or
- A Community Service Order to allow the convicted undertaking an opportunity to contribute to the community it has wronged in a constructive manner; and/or
- An Adverse Publicity Order whereby the undertaking is required to publicise the fact of its conviction.
Grossly negligent management causing death:
A high managerial agent may be guilty of grossly negligent management causing death if he knew or ought to have known of a substantial risk of death or personal harm and failed to take reasonable efforts to eliminate that risk. Penalties for grossly negligent management include:
- A fine; and/or
- Up to 12 year's imprisonment; and or
- A Disqualification Order whereby the managerial agent may be disqualified from acting in a management capacity by the court for a period not exceeding 15 years.
Breach of the order gives rise to a fine of €3,000,000 and/or 2 years imprisonment and/or further disqualification for 10 years.
Nothing in the Bill prevents the prosecution of any individual for the ordinary offence of manslaughter by gross negligence.
For further information
For further information, or if you have been effected by corporate manslaughter, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor will contact you to advise you of your legal rights and entitlements.